Police, Heroes, and Child Trafficking: Who Cries When Her Attacker Wears Blue?
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18 NEV. L.J. 1007, JONES - FINAL 5/30/18 2:22 PM POLICE, HEROES, AND CHILD TRAFFICKING: WHO CRIES WHEN HER ATTACKER WEARS BLUE? Samuel Vincent Jones* “I feel that I have been given a life sentence . I frequently have intrusive memories of the assault . I cringe every time I see . a male officer in uni- form, or a law enforcement vehicle. I am not the same person I was before the assault and I might never be that person again.” –Survivor of Police Officer Sexual Assault† TABLE OF CONTENTS INTRODUCTION .............................................................................................. 1008 I. POLICE, PEOPLE, AND HEROISM ........................................................ 1012 II. POLICE-INVOLVED CHILD SEX TRAFFICKING, AND RELATED OFFENSES ........................................................................................... 1015 A. The Child Sex Trafficking Phenomenon .................................... 1015 B. Sexually Deviant Police Officers and Child Victims ................. 1018 III. SYSTEMIC BARRIERS TO PROTECTING CHILDREN FROM SEXUALLY DEVIANT POLICE OFFICERS ............................................................... 1023 A. The Blue Wall of Silence ............................................................ 1023 B. Sexually Deviant Police Officers Go Unpunished or Under- Punished ..................................................................................... 1026 C. Child Victims of Sex Trafficking are Often Branded Criminals 1032 CONCLUSION ................................................................................................. 1035 * Associate Dean and Professor of Law, The John Marshall Law School, Chicago, Illinois. The author is a former U.S. Army Military Police Captain and Judge Advocate (Major, USAR (Ret.)). The author conducts sexual assault awareness training for law enforcement, including the U.S. Department of Homeland Security, and is a former member of the Ameri- can Bar Association Task Force on Human Trafficking. The author sincerely thanks Profes- sors William Mock and Kevin Hopkins of The John Marshall School of Law in Chicago for their helpful remarks on earlier drafts of this article and greatly appreciates the invaluable research assistance of Mr. Christian Ketter. † INT’L ASS’N OF CHIEFS OF POLICE, ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT: EXECUTIVE GUIDE 13 (2010), http://www.theiacp.org/portals/0/pdfs/add ressingsexualoffensesandmisconductbylawenforcementexecutiveguide.pdf [https://perma.cc/ 79D5-KB9U]. 1007 18 NEV. L.J. 1007, JONES - FINAL 5/30/18 2:22 PM 1008 NEVADA LAW JOURNAL [Vol. 18:1007 APPENDIX A .................................................................................................. 1037 APPENDIX B .................................................................................................. 1040 APPENDIX C .................................................................................................. 1046 INTRODUCTION Befittingly, most Americans trust today’s police officer.1 Our nation’s per- ennial allegiance to the idea of police officers as national heroes appeals so strongly to the personal ethos of American culture that U.S. presidents often honor them.2 Political candidates compete for their endorsements.3 Public offi- cials and the media portray them as our most courageous citizens.4 Consequent- ly, approval ratings for today’s police officers continue to surge.5 1 Robin G. Steinberg, Police Power and the Scaring of America: A Personal Journey, 34 YALE L. & POL’Y REV. 131, 133 (2016) (recognizing that since 9/11 there has been an “un- precedented focus” on police as “national heroes”); CHUCK WHITLOCK, TRUE STORIES OF COURAGE: POLICE HEROES, xviii (2002) (stating that “[m]any would argue that every police officer is a hero”). 2 Juliet Eilperin, Obama Honors 13 Police Officers with Medal of Valor, WASH. POST (May 16, 2016), https://www.washingtonpost.com/news/post-politics/wp/2016/05/16/obama- honors-11-police-offices-with-medal-of-valor/?utm_term=.5b521ffcc561 [https://perma.cc/JK5U-PENN]; Erin Lindsay, President Obama & Vice President Biden Honor the Nation[’]s TOP COPS, WHITE HOUSE (May 12, 2012), https://obamawhite house.archives.gov/blog/2012/05/12/president-obama-vice-president-biden-honor-nations- top-cops [https://perma.cc/X5KP-DJWP]; David Nakamura, Trump to Light White House Blue to Support Police Who Face ‘Unfair Defamation and Vilification,’ WASH. POST (May 15, 2017), https://www.washingtonpost.com/news/post-politics/wp/2017/05/15/trump-to- light-white-house-blue-to-support-police-who-face-unfair-defamation-and- vilification/?utm_term=.4890dbad986cu [https://perma.cc/LSQ2-UYEK] (President Donald Trump noting, “ ‘Because you don’t hear it nearly enough, I want you to know that patriotic Americans of all backgrounds truly support and love our police.’ ”). 3 Tom Jackman, Fraternal Order of Police Union Endorses Trump, WASH. POST (Sept. 16, 2016), https://www.washingtonpost.com/news/true-crime/wp/2016/09/16/fraternal-order-of- police-union-endorses-trump/?utm_term=.adb8d1058ffe [https://perma.cc/M4H6-3FT2]. 4 Office of the Press Secretary, Remarks by the President at the 122nd Annual IACP Con- ference, WHITE HOUSE (Oct. 27, 2015), https://obamawhitehouse.archives.gov/the-press- office/2015/10/27/remarks-president-122nd-annual-iacp-conference [https://perma.cc/2R8J- KDMG] (President Obama stating, “every day [police officers] risk [their] lives so that the rest of us don’t have to. [They] serve and protect to provide the security so many Americans take for granted. And as [they] serve, America places very high expectations on [them]— expectations that cops across America work every day to meet.”); Mayor and Chief of Police Recognize Outstanding Officers at May 28th Awards Night, TOWN OF EAST HARTFORD (June 1, 2015), http://www.easthartfordct.gov/police-department/news/mayor-and-chief-of-police- recognize-outstanding-officers-at-may-28th-awards-n [https://perma.cc/RSV5-HU3H] (Mayor touts law enforcement work as courageous and notes America’s deep-rooted tradi- tion of honoring police officers); Lia Eustachewich, Hero Cop Saves Woman from Burning Car, N.Y. POST (Jan. 23, 2017), http://nypost.com/2017/01/23/hero-cop-saves-woman-from- burning-car [https://perma.cc/U8GA-MPM9]; Sarah Larimer, A Police Officer Rushed to Save a Suicidal Woman from a River. She Survived, but He Did Not., WASH. POST (Feb. 2, 18 NEV. L.J. 1007, JONES - FINAL 5/30/18 2:22 PM Spring 2018] POLICE, HEROES, AND CHILD TRAFFICKING 1009 The nation, however, abhors any form, manifestation, or impression of sexual violence against children.6 Without question, today’s women and girls have bravely defended their right to sexual autonomy7 and facilitated robust improvements in the way legislatures and courts treat sexual violence.8 When Congress warned that efforts to curtail sex traffickers are hindered by “official indifference,” “corruption,” and “official participation in trafficking,”9 many assumed the malfeasance did not pertain to police officers within the United States. Indeed, the notion that a significant number of our nation’s children are victims of sex trafficking10 or related offenses, at the hands of police officers 2017), https://www.washingtonpost.com/news/post-nation/wp/2017/02/02/a-police-officer- rushed-to-save-a-suicidal-woman-from-a-river-she-survived-but-he-did-not/?utm_term=.fe 19d5d9877a [https://perma.cc/UT7K-24FG]. 5 Justin McCarthy, Americans’ Respect for Police Surges, GALLUP (Oct. 24, 2016), http://www.gallup.com/poll/196610/americans-respect-police-surges.aspx [https://perma.cc/G9DP-SS4N]. 6 Michele Booth Cole, Child Sexual Abuse: Four Steps America Must Take, WASH. POST (Nov. 28, 2011), https://www.washingtonpost.com/blogs/therootdc/post/child-sexual-abuse- four-steps-america-must-take/2011/11/27/gIQAk5op4N_blog.html?utm_term=.a609499aa a9f [https://perma.cc/W5WR-Z34U] (recognizing child abuse as a national threat requiring a proactive response). 7 Keri Blakinger & Reuven Blau, Woman Sues After Upstate N.Y. Cop Avoids Rape Charg- es, N.Y. DAILY NEWS (May 16, 2016), http://www.nydailynews.com/new-york/woman-sues- upstate-n-y-avoids-rape-charges-article-1.2637913 [https://perma.cc/4826-MF8H] (reporting that an alleged rape survivor filed suit against the city, the police department, and police chief, after they purportedly failed to investigate the history of sexual misconduct attributed to a police officer that reportedly sexually assaulted her when responding to her 911 call); Associated Press, Ex-cop Sentenced to Year in Jail for Pulling over a Woman and Asking to Lick Her Feet, FOX59 (Oct. 25, 2015), http://fox59.com/2015/10/25/ex-cop-sentenced-to- year-in-jail-for-pulling-over-a-woman-and-asking-to-lick-her-feet [https://perma.cc/8AQ2- 4BGT] (When noting the courage of a survivor of sexual assault, Assistant District Attorney Allison Buess stated, “ ‘The reality is many victims of this kind of conduct don’t come for- ward, but because of the courage of the victims who spoke up, Mr. Quinn will never again be able to use a badge to prey on the people he should have been protecting.’ ”). 8 Cheryl Nelson Butler, Kids for Sale: Does America Recognize Its Own Sexually Exploited Minors as Victims of Human Trafficking?, 44 SETON HALL L. REV. 833, 837–38 (2014); Amanda Peters, Disparate Protections for American Human Trafficking Victims, 61 CLEV. ST. L. REV. 1, 2 (2013); Laura L. Shoaps, Room for Improvement: Palermo Protocol and the Trafficking Victims Protection Act, 17 LEWIS & CLARK L. REV. 931, 935